Question 1.The explosion of government regulation in the United States has witnessed

1.The explosion of government regulation in the United States has witnessed an accompanying social phenomenon of great importance which is:
A) the creation of the CAN-SPAM ACT
B) the creation and widespread use of the Federal Trade Commission
C) the creation of antitrust laws
D) the creation and widespread use of administrative agencies
2.
Which of the following is true of the Takings Clause?
A) It requires the government not to pay private property owners any compensation
B) It requires the government to buy private property for private developers
C) It is triggered by the power of just domain
D) It is triggered by the power of eminent domain
3.
Under rational basis analysis:
A) discrimination on the basis of economic interest will receive highest scrutiny
B) a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose, even if those provisions are foolish
C) discrimination on the basis of a suspect category will receive highest scrutiny
D) courts will deem a government action unconstitutional when the action impinges on a fundamental right
4.
State power is restricted by:
A) the equal protection clause
B) the Commerce Clause of the U.S. Constitution
C) due process and equal protection scrutiny
D) procedural due process clause
5.
Under the Equal Protection Clause:
A) the government must treat all cases alike
B) states are prohibited from arbitrarily discriminating against persons
C) the government can uphold restrictions on property
D) states are prohibited from discriminating only on the basis of nationality
6.
Administrative agencies:
A) are, in theory, part of the judicial branch of government, but they may also perform legislative and executive functions
B) rarely have both the power to issue regulations and the power to investigate when such regulations have been violated
C) may make regulations that are advisory in nature, but cannot make regulations that have the force of law
D) are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions
7.
If the U.S. Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law which conflicts with the federal law, Kentucky’s law is said to be:
A) expressly preempted
B) prevailing
C) impliedly preempted
D) void-for-vagueness
8.
If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under:
A) rational basis analysis
B) suspect classifications
C) strict scrutiny analysis
D) intermediate scrutiny analysis
9.
When regulatory reforms interfere with the exercise of individual rights, they are subject to:
A) only a substantive due process challenge
B) both a substantive and a procedural due process challenge
C) strict scrutiny analysis, irrespective of the level of interference
D) only a procedural due process challenge
10.
The “dormant” Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:
A) prohibiting state laws that openly discriminate against interstate commerce
B) prohibiting state legislation that unduly burdens intrastate commerce
C) limiting a state’s ability to tax vendors
D) limiting the states from furthering only state interests
11.
The federal government has the exclusive right to regulate all _____ of the United States.
A) intrastate commerce
B) foreign commerce
C) domestic commerce
D) private and government action
12.
Which of the following likely would disqualify the definition of “public use” under the government’s power of eminent domain?
A) Seizure of private land by the government to build a new city hall
B) Seizure of private land to sell it to a private developer who aims to make profit from it
C) Seizure of private land by the government to build a mall for the public
D) Seizure of private land by the government to build a public road
13.
Commercial speech, under the First Amendment, is:
A) subject to intermediate scrutiny unlike political speech
B) completely suppressed regardless of it being misleading or truthful
C) completely unregulated unless it is put in writing
D) subject to strict scrutiny just like political speech
14.
In the case of a taking, just compensation is defined as:
A) the current fair market value plus any expected future value from the taking
B) the current fair market value of the property involved in the taking
C) the fair market value of the property plus its sentimental value
D) the fair market value of the property if it were to be sold to a developer
15.
Many of the administrative agencies have the power to:
A) conduct trials involving juries
B) adjudicate disputes involving alleged violations of the Commerce Clause
C) make laws
D) issue regulations that have the force of law
16.
The primary components of the Takings Clause are:
A) a taking; justified by the supremacy clause; compensation rarely required
B) a taking for eliminating urban blight, with minimal compensation
C) a taking; for a public purpose; the private property owner is entitled to just compensation
D) a compelling government purpose; conditional compensation
17.
Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution?
A) It does not contain the procedural due process clause
B) It does not contain the substantial due process clause
C) It applies only to the federal government
D) It prohibits any state from arbitrarily discriminating against persons
18.
Which of the following prohibits the federal government from depriving any person “of life, liberty, or property, without due process of law”?
A) The Seventh Amendment
B) The Fifth Amendment Due Process Clause
C) The Commerce Clause
D) The Fourteenth Amendment Due Process Clause
19.
_____ protects people from arbitrary government interference with their life, liberty, or property rights.
A) Procedural due process
B) Due process clause of the Sixth Amendment
C) Substantive due process
D) Equal Protection Clause of the Fifteenth Amendment
20.
The independent agencies often exercise _____ to gain access to witnesses and documentary evidence, as many people will not voluntarily cooperate with information requests.
A) a subpoena power
B) the power of eminent domain
C) an enforcement
D) a coercive power
21.
One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:
A) allow only direct, not incidental, regulation of interstate commerce
B) not discriminate in favor of local interests and against out-of-state interests
C) not further a legitimate local interest
D) impose costs on interstate commerce that are more excessive than necessary to bring about the state interests
22.
The courts will overturn the independent agency’s action when:
A) the agency decisions are arbitrary and capricious
B) an agency’s rules are unwise, though it does not exceed its regulatory authority
C) the court does not set out adequate guidelines for agency action
D) an agency’s rulemaking does not exceed its regulatory authority
23.
Strict scrutiny:
A) is the analysis employed by the court when suspect classifications are not in question
B) is the analysis employed by the court in a case involving commercial speech
C) is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose
D) is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of race
24.
Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:
A) its action bears a rational relationship to its desired end
B) there is no restriction on commercial speech
C) it is pursuing a governmental end in the most intrusive manner
D) it is pursuing a compelling government interest
25.
If a person has been discriminated by the government on the basis of the fact that he/she is an illegitimate child, the regulation will be evaluated under:
A) rational analysis
B) intermediate scrutiny
C) strict scrutiny
D) due process
26.
The power of the states to regulate is:
A) exclusive in the domain of intrastate commerce
B) nonexistent over matters that affect interstate commerce
C) exclusive in the domain of interstate commerce
D) limited only by its own state constitution

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